DSS, Security, Law Experts Bicker Over Bawa’s Continuous Detention

The Department of State Services (SSS), a former Attorney-General and Commissioner for Justice in Ekiti State, Dayo Akinlaja, a Senior Advocate of Nigeria (SAN), and a public security expert have disagreed on the continuous detention of the suspended chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa.

While the security expert and lawyers kicked against Bawa’s continuous detention in the custody of the DSS, the nation’s secret police has claimed the contrary.

Naija News reports that Akinlaja said the delay in the arraignment of the former EFCC boss in court was against the spirit of the constitution.

He told Daily Trust that  “However, there is a possibility that he might be detained in pursuant to a court order. As a matter of practice, security agencies have a way of obtaining ex parte court orders to enable such a prolonged detention in the guise of conducting investigations.

“Be that as it may, there is no disputing the fact that any long detention without arraignment in court is against the spirit of the constitution. To that extent, it is expected that he should be charged to court or otherwise released.”  

Similarly, another lawyer, Tijani Ahmed, revealed that there are many innocent Nigerians languishing in detention without arraignment in court, just like Bawa, and Godwin Emefiele, among others.

He says, “There are so many Nigerians languishing in the SSS custody, including Bawa. He may have abused the laws himself, but he cannot be there in perpetuity.” 

Also speaking with the platform, a security sector reform expert, Chukwuma Ume, said Bawa’s continued detention for 40 days displays the rule of man and not the rule of law.

He explained that “The SSS must have some documents from the court to keep him for that long. They won’t be that careless. There is no power that will allow you to keep somebody in detention for that long. Usually, they go to court, and they will get a magistrate to sign for them to be able to keep him for that long.

“Although this style is not only peculiar to Nigeria, it happens everywhere in the world. But it is something they do in connivance with the court. When they (SSS) go before a judge or magistrate, they will argue that they would need to keep more than what is stipulated in law. What is stipulated in law is 48 hours.

“The Act itself is also to the position of the fact that our law enforcement is still very analogue and crude. Usually, in the Western world, before you are arrested, they would have almost concluded their investigation.

“Here, it is after the arrest that they will start an investigation, and in the process, they will infringe on the fundamental human rights of the person by keeping him longer than expected. If they take him to court, the court will also give him bail.

“If they go to court, they might have not prepared to start the case, so the judge would have no choice than to grant the person bail. Of course, his lawyers would argue for the bail.

“Having said that, it is a failure of our law enforcement agencies. It is also important to say that it is a demonstration of naked power. It is also something you find where there is a rule of man, not a rule of law because in other climes, it is supposed that his lawyer would go to court.

“They (secret police) would have gone through the backdoor to get power to keep him longer than expected. His (Bawa’s) detention is not necessary because if you have removed him from office as EFCC chairman, he is not going to tamper with the evidence.

“They have removed him, and he does not have access to the EFCC anymore for some pertinent files that he would destroy the case. So, why keeping him there for so long? If you grant him bail as expected rather than going to the magistrate or the judge to get the injunction to keep him, it doesn’t mean he would fly away. He has no hidden place. He is not going to run anywhere in the world that you cannot get to.

“If he runs to the United States or Dubai, you can bring him back because you have security and defence pact or agreements with these countries. That’s where Interpol comes in. What is happening is just a show of power.”

Meanwhile, the secret police has insisted that it is following due procedures and is acting professionally on the issue.

The spokesman of the DSS, Peter Afunanya,  said “All legal procedures are being diligently followed. We had assured of professionalism, justice, and fairness in the matter in line with the tenets of the law.”

Recall that the suspended EFCC boss was arrested on June 14 and has since been detained in the DSS custody.